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7.2 SR 03-17-2025The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To City Council Item Number 7.2 Meeting Date March 17, 2025 Prepared By Chris Leeseberg, Senior Planner Item Description Conditional Use Permit: Outdoor Storage, 12777 Meadowvale Rd. NW, Elk River WinLEctric Reviewed by Zack Carlton Cal Portner Tina Allard Action Requested Approve, by motion, an amendment to Conditional Use Permit (CU 22-11) extending the conditions deadline until July 1, 2025, with the following conditions: 1. The property shall comply with Section 30-807 regarding outdoor storage. 2. All outdoor storage must occur within fenced in areas. 3. All temporary outdoor storage structures shall be removed from the property by July 1, 2025. 4. All areas utilized for outdoor storage be completely screened from view from all public rights-of-way by July 1, 2025. 5. No product can be stored higher than the top of the fence. 6. The parking lot shall be striped by July 1, 2025. 7. An amendment to this Conditional Use Permit will be required for any future changes. Background/Discussion The subject parcel was granted a Conditional Use Permit (CUP) in 2022, which has yet to be recorded. One of the conditions required the removal of three temporary outdoor storage structures from the property within two years of City Council approval of the CUP (by July 18, 2024). One of these structures was removed. The applicant has indicated a continued need for these structures while securing nearby indoor storage and is requesting an extension for their removal until July 1, 2025. Additionally, another condition of approval with the original CUP stipulated that all outdoor storage must occur within fenced areas. Currently, the area behind the building continues to be used for outdoor storage. If this area is to remain in use for outdoor storage, it must be screened to comply with Section 30-807, which mandates that outdoor storage areas be completely screened from view from all public rights-of-way. Planning Commission During the public hearing, no one spoke for or against the request and staff has not received any comments since the commission meeting. Page 146 of 304 The Planning Commission had no questions or concerns about the request and recommended the CUP (CU 22-11) conditions deadline be extended to July 1, 2025, and also added a condition that all areas utilized for outdoor storage be completely screened from view from all public rights-of-way. Financial Impact None Mission/Policy/Goal Appropriately govern in an ever-changing environment. Attachments 1. CU 24-22 Location Map 2. CU 22-11 CC Action Letter 3. Section 30-807 4. CU 24-22 Recording Document 5. 7.2 WinLectric 3-17-2025 Page 147 of 304 Page 148 of 304 Phone: 763.635.1000 www.ElkRiverMN.gov August 8, 2022 Troy Tramm Via email: Tetamm@winlectric.com 12777 Meadowvale Road Elk River, MN 55330 Wholesalers Property CO LLC – Ward Allen 3110 Kettering Blvd Kettering, OH 45439 RE: City Council Action for Case No. CU 22-11 To Whom it May Concern: On July 18, 2022, the City Council reviewed your application for a Conditional Use Permit to allow outdoor storage at 12777 Meadowvale Road, and approved the request with the following conditions: 1. The property shall comply with Section 30-807. 2. Fencing, as outlined in Section 30-807, shall be installed in the location as shown on the site plan dated July 18, 2022. 3. The fence shall be installed by June 1, 2023. 4. The parking lot shall be striped by September 1, 2022. 5. All outdoor storage must occur in fenced in areas or within the three temporary structures. 6. No product can be stored on top of the three temporary structures or higher than the top of the fence. 7. The temporary structure located in the northwest corner shall be relocated next to the other two temporary storage structures by September 1, 2022. 8. The three temporary outdoor storage structures shall be removed from the property two years after City Council approval of the CUP (July 18, 2024). 9. An amendment to this Conditional Use Permit will be required for any changes to the site plan dated July 18, 2022. If you have any questions regarding the meeting or the conditions listed above, please let me know. Once the above conditions have been met, the permit will be recorded at Sherburne County and a copy sent to you. Sincerely, Chris Leeseberg, Senior Planner Ph: 763.635.1033 cleeseberg@ElkRiverMN.gov Page 149 of 304 Created: 2025-02-10 11:22:47 [EST] (Supp. No. 62) Page 1 of 1 Sec. 30-807. Outdoor storage. (a) Definitions. The definitions in section 30-1 are applicable in this section. (b) Purpose. It is the intent of this section to establish regulations which allow the outdoor storage materials within the city in a clean and safe manner. Outdoor storage areas must be approved by the city in accordance with the standards outlined in this chapter. (c) Standards. (1) Outdoor storage shall not exceed 50 percent of the parcel area. (2) Approved outdoor storage areas must be paved with an approved surface in accordance with section 30-900(a). (3) Outdoor storage areas shall maintain the front yard setback established for the district where the use is located. The side and rear yard setback shall be ten feet. (4) Outdoor storage areas shall not be located in designated parking areas or areas striped for parking. (5) Outdoor storage areas shall be completely screened from view within all public rights-of-way and commercial or residentially zoned parcels. This requirement shall include gates constructed of the same screening material that can be closed when not in use. a. Screening must provide a visual barrier. Any such barrier shall reduce visibility in a manner that restricts vision of the object being screened, but is not required to totally block the vision of any such object. b. Screening shall consist of one of the two following methods. 1. A screening fence of at least six feet and constructed of one or more of the following materials: (i) Wood; (ii) Factory finished metal or vinyl panels; (iii) Chain link with vinyl slats. The slats must be maintained at all times and must be replaced within 30 days at the request of the city. 2. An earthen berm of at least three feet in height with a mixed hedge of evergreen and deciduous plant materials. (i) Plant materials must include a variety of shrubs, ornamental trees, and overstory/evergreen trees. Shrubs must be at least three feet tall at the time of installation and the plan must be approved by city staff. (ii) Earthen berms shall not have a slope of more than three feet horizontal to one foot vertical or be located within any street right-of-way unless otherwise approved by the city engineer. (6) Outdoor storage areas abutting an adjacent industrial zoned parcel are not required to be screened. a. Where screening is not required, barrier style curb B612 shall be installed to define the limits of the approved outdoor storage area. (Ord. No. 16-26, § 2, 11-21-2016) Page 150 of 304 CITY OF ELK RIVER SHERBURNE COUNTY CONDITIONAL USE PERMIT Case No. CU 24-22 Permit. Subject to the terms and conditions set forth herein, the City of Elk River hereby grants a Conditional Use Permit (“Permit”) requested by Troy Tamm of Elk River Winlectric for the following use: Conditional Use Permit allowing outdoor storage at 12777 Meadowvale Road NW Property. The Permit is for the following described property (“Subject Property”) in the City of Elk River, Sherburne County, Minnesota: Lot 9, Block 1, McChesney Industrial Park, Sherburne County, Minnesota Owner. Owner of the Subject Property at time of the approval of the Permit: Wholesalers Property CO LLC, owner Conditions. The Permit is issued subject to the following conditions: 1. The property shall comply with Section 30-807 regarding outdoor storage. 2. All outdoor storage must occur within fenced in areas. 3. All temporary outdoor storage structures shall be removed from the property by July 1, 2025. 4. All areas utilized for outdoor storage be completely screened from view from all public rights-of-way by July 1, 2025. 5. No product can be stored higher than the top of the fence. 6. The parking lot shall be striped by July 1, 2025 7. An amendment to this Conditional Use Permit will be required for any changes to the site plan dated May 17, 2025. Page 151 of 304 Termination of Permit. The Permit shall remain in effect only for so long as the conditions set for the herein are complied with. The City may revoke the Permit following a public hearing for violation of the terms and/or conditions set forth in the Permit. Lapse. If within two (2) years of the issuance of the Permit the proposed work described in a conditional use permit has not been substantially completed, the permit shall expire and become void, except that the council may, following recommendation of the planning commission, extend the permit for an additional period determined by the council on the receipt of a request for a permit extension prior to its expiration. A conditional use permit authorizes only the use specified in the permit and shall expire if, for any reason, the authorized use ceases for more than six (6) months. Criminal Penalty. Both the owner and any occupant of the Subject Property are responsible for compliance with the permit. Violation of the terms of the Permit is a criminal misdemeanor. Recording. The Permit shall be recorded against the title to Subject Property. Dated: __________, 2025. CITY OF ELK RIVER By: ___________________________________ Mayor John J. Dietz By: ___________________________________ City Clerk Tina Allard STATE OF MINNESOTA ) ) ss. COUNTY OF SHERBURNE ) The foregoing instrument was acknowledged before me this ___ day of _________, 2025, by John J. Dietz and Tina Allard, respectively, the Mayor and City Clerk of the City of Elk River, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by the City Council. ____________________________________ Notary Public DRAFTED BY: City of Elk River 13065 Orono Parkway NW Elk River, MN 55330 Phone: 763-635-1032 Page 152 of 304 WinlectricConditional Use Permit Page 153 of 304 Page 154 of 304 Background §Zoned I1 – Light Industrial §Outdoor Storage = CUP §CUP approved July 2022 §Temp storage was to be removed by July 2024 §Not recorded yet §Asking for an extension – July 1, 2025 Page 155 of 304 Page 156 of 304 Planning Commission §No one spoke §PC no concerns §Recommend extension to July 1, 2025 §Outdoor storage screened from public ROW Page 157 of 304 Action Requested §Approve, by motion, an amendment to CUP (CU 22-11) §Extending the conditions deadline until July 1, 2025 Page 158 of 304 Page 159 of 304